(영문) 대구지방법원 2016.12.16 2016노1429 | 리걸엔진

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(영문) 대구지방법원 2016.12.16 2016노1429

명예훼손

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of two million won.

The above fines are imposed by the Defendants.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of each fine of KRW 3 million sentenced by the court below against the Defendants is too unreasonable.

2. We examine the judgment. The crime of this case is deemed to have been committed by the defendants holding an assembly over several times in front of the office of the victim, with the name of the F members' number of members, and the case is not less than that of the defendants, and the defendants did not agree with the victim until the trial. However, although the defendants denied the crime in the court below, the defendants recognized all the charges of this case and reflect their mistakes in depth, there are circumstances that can be taken into account in the course of the crime of this case; the defendants are aged and healthy; the defendants are thought to be old and healthy; the defendants do not have any criminal record other than once a fine for the crime related to assembly or a suspended sentence due to the crime of this case or one time a suspended sentence for the crime related to assembly at around 207; the defendants' age, character and behavior, environment, family relationship, circumstances after the crime, and other various circumstances revealed in the records and arguments of this case, the defendants' assertion that the court below's punishment against the defendants is too unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: 1. The defendants' statement in the trial court is added to the summary column of the evidence, and all of the judgment below's corresponding columns are the same as that of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants: Articles 307(1) and 307(1) and 30 of the Criminal Act and the choice of fines

1. Defendants among concurrent crimes: each criminal law.

참조조문

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